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Patna High CourtCWJC/4519/2015disposed

Lalan Prasad Sah v. The State Of Bihar And ORS

2015-06-22Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4519 of 2015 ====================================================== Lalan Prasad Sah Son of Late Raghuni Sah, Resident of Mohalla - Bagmali, P.S. - Hajipur Town, Ward No. 5, District - Vaishali. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Collector, Vaishali at Hajipur.

3. The Chairman, Nagar Prishad, Vaishali at Hajipur.

4. The Executive Officer, Nagar Parishad, Vaishali at Hajipur.

5. The Executive Engineer, Nagar Parishad Vaishali at Hajipur. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Alok Kumar Jha, Advocate For the State : Mr. Dhirendra Kr. Singh, AC to GP 26 For Respondent : Mr. S.K.Thakur, Advocate Nos. 3 to 5 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 22-06-2015 Heard parties.

Through this writ application the petitioner seeks direction to remove the road constructed on the raiyati land of the petitioner by the Nagar Parishad, Vaishali. Alternatively, he also seeks direction to respondent to take appropriate action for acquisition of land in question for payment of compensation in accordance with law.

Mr. Surendra Kishore Thakur, learned counsel appears for Nagar Parishad, Vaishali and submit on instruction that after inquiry it had been found that petitioner's plot no. 333 khata no. 527 has been utilized for the construction of the road

Patna High Court CWJC No.4519 of 2015 (3) dt.22-06-2015 2/2 and Nagar Parishad has also approached the concerned District Magistrate so that the land is properly acquired in accordance with law and fair compensation is granted to the petitioner. In view of the aforesaid submission made on behalf of the respondent Nagar Parishad, Vaishali this writ application is being disposed of with a direction to the Nagar Parishad, Vaishali to take steps for proper acquisition of the land utilized in construction of road and which belongs to the petitioner and pay compensation in accordance with law to the petitioner within a reasonable period preferably within six months from the date of receipt / production of a copy of this order. (Dr. Ravi Ranjan, J) Spd/- U